Municipal Corporation Of Greater Mumbai And ORS. v. K. Mahadev Andco. Pvt. Ltd.

1 14 CAF 3538-16 in FAst 14638-16.doc Sequeira

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3538 OF 2016 (Condonation of delay) IN FIRST APPEAL (Stamp) NO. 14638 OF 2016 Municipal Corporation of Greater Mumbai and others .. Applicants Vs K.Mahadev & Co. Pvt. Ltd.

.. Respondent Ms.Madhuri Mone i/b Nasir Shaikh, for Applicants. Mr.S.K.Chinchalikar i/b Pradip Kadam, for the Respondent. Coram : N.M.Jamdar, J.

Date : 11 February 2019.

P.C.:

This is an application filed by the Municipal Corporation of Greater Mumbai, seeking condonation of delay in filing First Appeal challenging the order passed by the Small Causes Court, Mumbai, fixing Rateable Value of the suit premises. Appearance is entered on behalf of the Respondent.

2.

Heard learned counsel for the parties. The Civil Application is opposed by the Respondent. I have gone through the

2 14 CAF 3538-16 in FAst 14638-16.doc submissions made in the Application. The Applicants have stated that after the certified copy was received the matter was placed before the Legal department for taking advice and opinion. Thereafter the matter was forwarded to the Deputy Commissioner, Mumbai and in this process some time was lost. Considering the subject matter and that the Applicant is a public body, I am of the opinion that the delay in filing the first Appeal requires to be condoned. Accordingly Civil Application is allowed.

N.M.Jamdar, J.